Kanhaiya Lal S/O Shri Jagannath vs Sita Ram S/O Late Shri Ramswaroop ...
2021 Latest Caselaw 5646 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 7019/2019

Kanhaiya Lal S/o Shri Jagannath, Aged About 84 Years, By Caste
Khandelwal, Through Khandelwal And Company, Subhash Bazar,
Gangapur City, District Sawai Madhopur (Rajasthan)
                                                     ----Defendant-Petitioner
                                   Versus
Sita Ram S/o Late Shri Ramswaroop Bajaj, By Caste Mahajan
Agarwal, Resident Of Gangapur City, District Sawai Madhopur
(Rajasthan).
                                                      ----Plaintiff-Respondent

For Petitioner(s) : Mr. Mahesh Gupta, Adv. For Respondent(s) : Mr. Vinod Kumar Tamoliya, Adv.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

20/10/2021

Counsel for the respondent submitted that the issue involved

in this writ petition has been considered and decided by the

Coordinate Bench of this court in the matter of Mohd. Rafiq vs.

Hanuman Sahai & Ors. in S.B. Civil Writ Petition No.16681/2019

wherein on 28.09.2021, the following order was passed:-

1. The matter comes up on an application for extension of interim order dated 14.10.2019 passed by this Court whereby the Court restrained the court below from passing any final order.

2. Learned counsel appearing for the respondent/s has pointed out that in a similar matter this Court had passed a similar interim order in Abdul Majid Vs. Chauthi Lal in SBCWP No.10728/2019 on 04.07.2019. The said order has been assailed in Chauthi Lal Agarwal (since deceased) Vs. Abdul Majid in SLP No.15676/2021 before the Apex Court and the Apex Court vide order dated 10.08.2021 passed following order:- "

                                                                              (2 of 2)               [CW-7019/2019]

                                               Delay Condoned.

Applications seeking exemption from filing official translation and certified copy of the impugned order are allowed.

Issue notice.

Until further orders, there shall be stay of operation of the impugned interim orders of the High Court.

Tag with SLP(C) No.1551/2018."

3. Learned counsel for the respondent/s submits that keeping in view the order passed by the Supreme Court, the interim order passed by this Court does not deserve to be extended.

4. This Court finds that the original judgment passed by this Court in K. Ramnarayan Vs. Shri Pukhraj in DB Civil Ref No.1/2015 holding that the cases under the TP Act cannot be allowed to continue has been stayed by the Supreme Court in Pukhraj Vs. K.

Ramnarayan in SLP No.1551/2018.

5. In view of the stay passed by the Supreme Court, the trial Court would continue to have jurisdiction to decide the case under the Transfer of Property Act as it existed and the new Rent Control Act would have no application as the view taken by this Court has already been stayed by the Supreme Court.

6. In view thereof, the interim orders passed by this Court in writ petition earlier cannot be followed, keeping in view the subsequent order passed by the Supreme Court on 10.08.2021 in SLP No.15676/2021 as quoted above.

7. In view thereof, the interim order dated 14.10.2019 passed by this Court is vacated.

8. Learned counsel for the petitioner submits that nothing further remains in the writ petition. In view of the above, the writ petition also stands dismissed.

9. All pending applications including stay application also stand disposed of.

Counsel for the petitioner has not disputed the submissions

made by counsel for the respondent.

In that view of the matter, the present writ petition is

dismissed in view of the judgment passed by the coordinate Bench

of this court in the matter of Mohd. Rafiq (supra).

All the pending applications stands disposed of.

(INDERJEET SINGH),J

JYOTI /37

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